Türkiye'de bankacılık özel finans kurumlarının faaliyetleri: Yasal çerçeve
Başlık çevirisi mevcut değil.
- Tez No: 71784
- Danışmanlar: PROF. DR. NAZIM EKREN
- Tez Türü: Yüksek Lisans
- Konular: Bankacılık, Banking
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1998
- Dil: Türkçe
- Üniversite: Marmara Üniversitesi
- Enstitü: Bankacılık ve Sigortacılık Enstitüsü
- Ana Bilim Dalı: Bankacılık Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 155
Özet
Özet yok.
Özet (Çeviri)
150 SUMMARY In much days where we enter into 21. Century it is obsorved that banking field developments, are in parallel. With the development of technology and economic needs. Limit of development is infinite. Following the reflection of human needs to economic field Banking took a very important place in free market conditions. When the development of Banking in Turkey is obsorved it appears that it has always been the Flagship of the Economy. When one considers that the service sector rather develops slowly in Turkey conditions, Banking sector may be shown as an example to the other sectors and it should be examined. On the other side Burccracy, slow operation in business and quality of service similer defaults attributed to Banking System are refuted by the sector representatives. It should be especially examined that the Operation of Public Banks and let them work as their concurrent private banks. Its competition with private banks should be especially examined. Of course there will be some affairs wich may cause to limp. When in Turkey conditions other public organizations work and competition are considered Public Banks may be also a good example as other Public Economic Entreprises. In Prive Banking Sector, guality of service, advanced technology etc should be as example to firms in other sectors and taken as minimum service limit. In order to secure this it was stated that developments should not staylate of at the back of Law.Our aim is to equalize the quality of service in all organizations which is in service of Banking Sector and that the standards should be determined. In our thesis we tried to emphasise the drawbacks of legal arrangements where unfair competition being first to let acknowledge some superiority to some of them. In Turkey all the legal ordering came from the army. This property appears in a striking way in banking sector.lt procured some benefits.The Low maker should pay more attention to the faulty places of the organization and situations showing a special case. Where the applications overcomes the legal dispositions, legal blank areas legislators will can not be applied and legal dispositions can not be taken as people wish them.This appears as a problem. In the nowadays applications even when the legal dispositions are renewed a few time later it stays at the back of tpe applications. In our thesis in order to selve this problem discussing issues were151 brought and solutions ways were mentionned.For the legislatior it will be necessary not only take legal dispisitions which cover the applications of today but as well as tomorrow. Other countries applications and practices and legal dispositions, which may be a basis and as an exemple for applications should be well followed.At the same time Banks and Special Finance Institutes which are within the practice as well as requests and suggestions of Sector 's union, Foundations, Association etc.similer organizations should be taken.Although this is a mere nice wish.in future law and practice should run in parallel and in a healty way. We have tried especially to emphasize in our thesis.when the legislatior determines its will power the firms named which works in the sector should also contribute.As a wise approch the Independet from each other of Public sector and operation which is far from technological development, brings us the opportunity to show the intelligence of Turkish Human being.The fack that Legislator does not consult the firms operating in this sector causes such firms to stay away from law.On the contrary if the opinions of firms in the sector were integrated with the will power of the legislatior than a lot of impeding will be first eliminated. In Turkey Conditions some laws which are wished bills are passing too late causes drawbacks in practice and in view of public. However it is satisfactory. That some laws gets in effect even late, which were requestet by the public and by the interested. It should be accepted as the reflection of good will of the legislator. In our thesis our approch to banking and Special Finance Institues were discussed in three main parts. In the first part of our work, Description of Banking, its short histpry, Its ' development phases in Turkey, Its organization, auditing and controlling its establishment and requested documents and related regulations were discussed. V152 Further Banking Operations were given as a general information. Further following such changes Saving Depozits Insurance Fund application to Banking Union and control systems for applications were explained. We tried to have useful document for persons interested to such subject which also will form a basis for them at the same time opposing views concerning practice and managent were also exposed. Further legal terms and explanations which a bank may encounter were discussed as much as possible. Here person reading the thesis should be aware of Law logics. At the same time some problems of the sector which are desired to express but not made are touched here, in our thesis where opportunity arised.For Bankers especially should be informed about the operating systems which they are in how the legislator regulated it and the characteristiques such regulation. The fact that the short history were taken in a extensive way, was aimed to relate the Development of Banking in Turkey, the phases it passed and the dispositions of the legislator and, the Development of economic life in Turkey and in which corner stones it integrated with such issues. Service of our Banks, kinds of instruments and related to this Saving Depozits Insurance Fund and its operation and Control of Banks were especially discussed. It has been emphasized that sound operation, growing and moving with right steps, is very significant, whilst Banks are power and assurance for our economy. This way both depozit owner, and banking operations were examined and personel in the sector were tried to be informed.153 In view of depozit owner securities were put under light Prudence of the public was exposed and it is aimed to win for the economy the money under pillow. At the last period with the securities and colleterals given to the public caused an increase in the favour of public to the Banks. By securing an increase in volume of operations, Banks were caused to develop new instruments. In the direction of saving owners and Credit users new Financing companies under leadership of banks arised. Such companies caused to earn to our economy the surplus money both in banks and on the market as new added value. At the second part issues were taken in parallel in order to compaire wiht theory readily description of Special Finance Instituts, their short history, their development phases in Turkey, their organizations, their auditing and eatablishment phases and requested decuments and related Legislation were examined. Further as a general information operations of Special Finance Instituts were discussed. Also the control of Special Finance Instituts were discaused. In our thesis while special Finance Organizations were examined, we tried to answer to the question: Is it Islam Banking? Banking without interest. In our thesis we have determined that in Turkey the Special Finance Instituts does not work as Islam banking and according to its principle but that its operates in conditions of banking without interest. The basic reasons that we were based were the operations of Special Finance Institutes, their service descriptions and the reflection to sector of instrument assortments and their use. Here the coming up aim of Special Finance Institues should be especially emphasized. The coming up aim of Special Finance Instituts is not religious but from economic needs. In other countries of the world practice may be based everwhelmingly to religious side. But in Turkey the establishment and operation of Special Finance Instituts are uniquely sourced from the wish ot causing theş. economy to win the idle left monies. In Turkey Conditions to clajm that Spacial Finance Instituts are religious and that they work with religious themscan hot be accepted as a correct assumption. Just for such reasons we have tried to bring154 positive critics and emphasized its importance in the economy. With the form that we have discussed in Universal Specialist Banking approach, Special Finance Institutess instead of being Universal Bank doing all kind of operations it is better that they became Specialst Bank who became expert in ono field. Whilst in third part Banks / Special Finance Institutes were compaired. In this part the competiton of Banks and Special Finance Instituts was discussed. In order to pursue the practice with together such two organizations necessary legal arrangements and measures were stated. Similar and different sides of such organizations were discussed and their operation forms and targetted persons were stated. As the laws of the country is developping rapidly some suggestions taak place in the thesis. Especially it was proposed to have both organizations to be under same legal roof and that the difference should be made with clear lines. In order that the Establishments do not intervene in others fields and solution to unfair competition allegations conditions were discussed. In order to let follow the legislation easily and to close the gaps in legal arrangements we included also the doctrine of our Supreme Court of Appeal. We have tried to let be actual our Thesis which was dominantly theoric with practical issues and problems. We have also not overseen the facts that we wished in theory and practice related to Banks and Special Finance Institutes. tC.f "
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